[2017] KEELC 1444 (KLR)
The court found that the respondents did not oppose the application to amend the petition, and there was no evidence that the amendment would cause them any prejudice. In the exercise of its discretion under the Civil Procedure Rules and Act, the court allowed the amendment to ensure that all necessary parties were...
Source-derived case information.
- Citation
- [2017] KEELC 1444 (KLR)
- Parties
- Applicant: Elias Ntwiga; Respondent: Land Adjudication & Settlement Officer Meru South; Respondent: Director of Adjudication; Respondent: Land Registrar Meru South; Respondent: Hon. Attorney General; Respondent: Anderson Njagi M’Murianki; Respondent: Jackson Ireri Abidan; Respondent: Anderson Miriti Abidan; Respondent: Bonface Mbae Abidan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Petition 8 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend Petition
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Land Adjudication Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Elias Ntwiga
Applicant
Land Adjudication & Settlement Officer Meru South
Respondent
Director of Adjudication
Respondent
Land Registrar Meru South
Respondent
Hon. Attorney General
Respondent
Anderson Njagi M’Murianki
Respondent
Jackson Ireri Abidan
Respondent
Anderson Miriti Abidan
Respondent
Bonface Mbae Abidan
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Petition
Legal Issues
- 1 Whether the petitioner should be granted leave to amend the petition to include more respondents.
- 2 Whether the amendment would prejudice the respondents.
Ratio Decidendi
The court found that the respondents did not oppose the application to amend the petition, and there was no evidence that the amendment would cause them any prejudice. In the exercise of its discretion under the Civil Procedure Rules and Act, the court allowed the amendment to ensure that all necessary parties were before the court and the real issues in controversy could be determined. Costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- The petitioner is granted leave to amend the petition to include more respondents.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
PETITION CASE NO 8 OF 2017
IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLE 22, 27, 40 AND 47 OF THE CONSTITUTION OF KENYA 2010
ELIAS NTWIGA…………………………………………....................................……..PETITIONER
VERSUS
LAND ADJUDICATION & SETTLEMENT OFFICER MERU SOUTH……..….1ST RESPONDENT
DIRECTOR OF ADJUDICATION…………………………................................2ND RESPONDENT
LAND REGISTRAR MERU SOUTH………………………...............................3RD RESPONDENT
HON. ATTORNEY GENERAL………………………...........................…..…….4TH RESPONDENT
ANDERSON NJAGI M’MURIANKI……………….................................………5TH RESPONDENT
JACKSON IRERI ABIDAN………………………...........................…….……..6TH RESPONDENT
ANDERSON MIRITI ABIDAN……………………..........................…..…….….7TH RESPONDENT
BONFACE MBAE ABIDAN…………………………….............................……8TH RESPONDENT
RULING
1. This application is dated 19th October, 2017. It seeks orders:
1. That the Honourable Court be pleased to allow the petitioner to amend his petition to include more respondents.
2. That the order sought is not prejudicial to the respondents herein.
3. That cost of this application be in the cause.
2. On 24. 10. 2017, it transpired that the respondents were not opposed to the application.
3. In the circumstances, the application is allowed with costs to be in the cause.
4. Parties to come for directions on 28. 11. 2017.
5. It is so ordered.
Delivered in open court at Chuka this 24th day of October, 2017 in the presence of:
CA: Ndegwa
IC Mugo for 5th to 8th Respondents
Elias Ntwiga - Petitioner
P.M. NJOROGE
JUDGE